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Neurosurgeon Abay awarded $875,000 after suing practice he founded

  • The Wichita Eagle
  • Published Tuesday, March 26, 2013, at 5:08 p.m.

Neurosurgeon Eustaquio Abay, who sued the practice he founded in the 1980s, has been awarded $875,000 in punitive damages by the district court, according to court documents.

The decision follows a jury’s decision in November to award Abay actual damages of more than $100,000.

Abay claimed he was owed more than $1 million in lost guaranteed compensation from Abay Neuroscience Center in addition to more than $200,000 in damages for the center allegedly interfering with his patient relationships after he had started a new practice.

Judge Douglas Roth presided over the trial.

“Judge Roth issued a very thoughtful order,” Jay Fowler of Foulston Siefkin, who represented Abay, said in an email.

“The order rights a wrong. … Dr. Abay is pleased that the decision reaffirms that patients have the right not to be misled when seeking medical care.”

In November, the jury found both sides had breached contracts and awarded about $30,000 to ANC for a 2005 service agreement.

Defense attorney Jeff Spahn, with Martin Pringle Law Firm, said his clients have not decided whether to appeal the most recent decision.

Reach Kelsey Ryan at 316-269-6752 or kryan@wichitaeagle.com.

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